M S CHAHAL Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. H.S. Thangkhiew, learned counsel assisted by Mr. B.W. Phira, learned counsel for the petitioner and also heard Mr. C. Choudhury, learned Senior Addl. C.G.S.C. for the respondents.

(2.) The case in brief is that the petitioner is a Major in the Infantry of the 4th Battalion of Sikh Regiment and he is presently posted at Shillong. An All India Competitive Examinations for training in Defence Service Staff College for higher appointments used to be held every year and the common entrance examinations held in September every year as provided under para 7 of the Special Army Order No. 9.8.87. The procedure for selection of Officers for DSSC and TS Course is also prescribed under the said Special Army order.

(3.) The petitioner has applied for DSSC in the year 1988 and he appeared at the entrance examination but could not qualify for selection. He was entitled to two more chances but as the petitioner was on duty in operation Vijay (Kargil War) and Operation Rakshak (J&K counter insurgency operation) for the three years he could not apply or appear for the said examination and hence he was .given compensatory chance in the year 2002 when he was posted at Shillong.